P.O. Box 77185
Colorado Springs, CO 80970-7185
Colorado Springs Family Law Attorney Steven Visser

Divorce (Dissolution of Marriage)

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What is the difference between a legal separation and a divorce?
If someone has filed for divorce or a Petition for Dissolution of Marriage, that person is seeking to end the marriage, divide any marital property, and requesting orders regarding children if applicable. A legal separation requires parties to go through the same process; however, neither one of you could legally marry again until the legal separation orders are converted into a divorce decree. The most common reasons for filing a case as a legal separation instead of a divorce are religious reasons, an attempt to maintain health insurance benefits after separation, or uncertainty over whether divorce is the best option. Since the process is the same and could take just as long as a divorce, a person will normally not save money or time by filing for legal separation as opposed to a divorce action.
What does “no-fault” mean?
In simple terms, the reasons why two people divorce are not relevant to the proceedings. It does not matter what the reason is for the divorce. The reasoning also does not provide for valid legal arguments regarding who should receive more out of the divorce. Infidelity, domestic violence, emotional or psychological abuse, criminal behavior, or simply not wanting to be married anymore does not entitle the other party to more money or more marital property.
I just got served with paperwork for the divorce, now what do I do?
Review every word of the paperwork carefully. Next, pay particular attention to time frames in the paperwork, especially noting when a response must be filed. Then, you should contact this office so that you can be informed about your rights and obligations.
What does that “injunction” order mean in the paperwork?
The “temporary injunction” in the divorce paperwork is actually a court order, which applies to both parties in the case. This Order prohibits parties from doing things that would upset the status quo. For example, it would be a violation of this Order to remove a spouse from medical or vehicle insurance, sell or dispose of a marital asset, and/or removing all or the majority of money from bank or retirement accounts during the pendency of the legal action. It may be possible to provide notice and obtain written consent of the other party to engage in such activity, but you are strongly encouraged to consult with your attorney before doing something that could result in a contempt of court action.
What if I don’t want to give my “ex” this, that, and the other thing?
Family law matters are almost never fair. They are also not typically described as win/win scenarios. Due to the often highly emotional nature of these types of cases, it is alright to vent or express yourself within a confidential setting, such as my office. While you may ultimately receive what you want along with some of what you don’t, do not forget that effective negotiations and the ability to compromise are important skills to practice during your case.

Colorado Springs Family Law Attorney Steven Visser
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